Search Rutgers Law Library N.J. Court Opinions

1261 JILL S. GIRARD WILLEY v. DD TRANSPORT -- rank: 839

... right to possession and use of goods under a lease," N.J.S.A. 12A:2A-103(1)(p). In turn, a "lease" is ... use of goods for a term in return for consideration." N.J.S.A. 12A:2A-103(1)(j). It is undisputed that there ... use of goods for a term in return for consideration." N.J.S.A. 12A:2A-103(1)(j). Dictionaries define a "lease" as ...

docket:	a6255-10
court:	NJ Superior Court Appellate Division
decided:	2002-08-27
status:	unpublished
citation:
Document Size:	81126

1262 State v. Thomas Shannon -- rank: 839

... for third-degree possession of a controlled dangerous substance (cocaine), N.J.S.A. 2C:35-10(a)(1), and second-degree possession of a controlled dangerous substance (cocaine) with intent to distribute, N.J.S.A. 2C:35-5(b)(2). On April 30, 2012, defendant ...

docket:	A-111-13
court:	NJ Supreme Court
decided:	2015-08-19
status:
citation:	222 N.J. 576 120 A.3d 924
Document Size:	121553

1263 The State of New Jersey, and the Casino Reinvestment Development Authority v. Trump Hotels & Casino, Resorts, Inc. -- rank: 839

... Act (Act), L. 1984, c. 218, §3, and codified at N.J.S.A. 5:12-144.1. A related issue involves the constitutionality ... on property owned or leased by a licensed casino hotel, N.J.S.A. 5:12-173.2, and imposed a fee of $1 ... eligible projects in the corridor region of Atlantic City. See N.J.S.A. 5:12-173.3 and .4. We sustain the constitutionality ... annual eight percent tax on every casino's gross revenues, N.J.S.A. 5:12-144, but uniquely defined gross revenue in terms ... winnings to patrons and a deduction for uncollectible gaming receivables . . . ." N.J.S.A. 5:12-24. Casino operating expenses were excluded from consideration ... exclusively for programs benefitting eligible senior citizens and disabled residents. N.J.S.A. 5:12-145. The 1977 legislation also required casino ...

docket:	a-225-97
court:	njsupreme
decided:	1999-08-02
status:
citation:	160 N.J. 505
Document Size:	122295

1264 HACKENSACK RIVERKEEPER v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 839

... not authorized by the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 to 21, or any other statute. DEP ... wholly consonant with the Municipal Land Use Law (the MLUL), N.J.S.A. 40:55D-1 to -163. ALS similarly argues that the ... municipality must incorporate its MPAP into its master plan, see N.J.S.A. 40:55D-5 and -28. N.J.A.C. 7 ... and conditioned eligibility for appropriations from the "'Shore Protection Fund,'" N.J.S.A. 13:19-16.1, upon a municipality's agreement to ... police powers over publicly-owned lands. Id. at 598 (citing N.J.S.A. 40:48-2). We further observed that the Legislature had ... exclusive control' over municipally-owned beaches." Id. at 599 (citing N.J.S.A. 40:61-22.20). 4 We held: In contrast ...

docket:	a1752-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-22
status:	published
citation:	443 N.J.Super. 293 128 A.3d 749
Document Size:	63519

1265 MARK SMITH v. SOUTH BRUNSWICK TOWNSHIP -- rank: 839

... appeal is the "(c)(2)" dimensional variance it sought under N.J.S.A. 40:55D-70(c)(2) to permit the project to ... advanced the purpose of the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-1 to -112, by encouraging appropriate use of ... claims were actually cognizable under the Uniform Declaratory Judgments Law, N.J.S.A. 2A:16-50 to -62, because they sought a declaration ... Township's published notice for Ordinance 15-03 complied with N.J.S.A. 40:49-2.1(a), which requires "citing such proposed ... further consideration of the proposal. The judge also found that N.J.S.A. 40:55D-62.1 did not require the Township to ... judge found that the Township's published notice comported with N.J.S.A. 40:49-2.1(a), and that the personal ...

docket:	a1218-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-18
status:	unpublished
citation:
Document Size:	103093

1266 State v. Julie L. Michaels -- rank: 839

... indicted on charges of second-degree vehicular homicide while intoxicated, N.J.S.A. 39:4-50, N.J.S.A. 2C:11-5 (count one); third-degree assault by auto while intoxicated, N.J.S.A. 39:4-50, N.J.S.A. 2C:12-1(c)(2) (count two); third-degree causing death while driving unlicensed or with a suspended license, N.J.S.A. 39:3-40, N.J.S.A. 2C:40-22(a) (count three); fourth-degree causing ...

docket:	A-69-12
court:	NJ Supreme Court
decided:	2014-08-06
status:
citation:	219 N.J. 1 95 A.3d 648
Document Size:	221417

1267 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.D and E.C., III, and D.M. -- rank: 839

... of prong three of the statutory best interests test under N.J.S.A. 30:4C-15.1(a), alternatives to termination of parental ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- - 15.1(a) requires the Division prove by ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. The Dodd Act ... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, the ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H. ...

docket:	a0043-22
court:	NJ Superior Court Appellate Division
decided:	2023-06-20
status:	Unpublished
citation:
Document Size:	55475

1268 Saray Perez, et al. v. Wyeth Laboratories, Inc., et al -- rank: 839

... had on the consumer plaintiffs because the Products Liability Act, N.J.S.A. 2A:58C-1 to -11, measures the adequacy of a ... whether the drug is appropriate for the patient. Ibid . Because N.J.S.A. 2A:58C-4 of the Products Liability Act, N.J.S.A. 2A:58C-1 to -11, measures warning adequacy based on ... to provide expert testimony to rebut the statutory presumption under N.J.S.A. 2A:58C-4, that the manufacturer's warning is adequate ... the Restatement (Third) of Torts: Products Liability (1997) ( Restatement ) to N.J.S.A. 2A:58C-4, the similar provision of New Jersey's ... by the Appellate Division, the new Restatement is similar to N.J.S.A. 2A:58C-4, which defines an adequate warning as          ...

docket:	a-16-98
court:	njsupreme
decided:	1999-08-09
status:
citation:	161 N.J. 1
Document Size:	126881

1269 STATE OF NEW JERSEY v. SHAHID BASKERVILLE -- rank: 839

... critical states of the proceeding against him. Id. at 178; N.J.S.A. 2A:4A-39(a). Baskerville and Alfaro argue that the ... 177. Rather, the Court confined its analysis to a statute, N.J.S.A. 2A:4A-39(a), adopted in 1982, effective December 31, 1983, as part of the Code of Juvenile Justice , N.J.S.A. 2A:4A-20 to -49. The Legislature adopted the Code ...

docket:	a4209-09
court:	superior court appellate division
decided:	2010-10-19
status:	unpublished
citation:
Document Size:	85081

1270 STATE OF NEW JERSEY v. V.E. -- rank: 839

... charged defendant, V.E., with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a (Count One), and second-degree sexual assault, N.J.S.A. 2C:14-2b (Count Two). Prior to trial, defendant's ... same day, the motion judge conducted a Rape Shield Hearing, N.J.S.A. 2C:14-7a, following which he excluded evidence of the ... parole disqualifier pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals and we affirm. At ... rights of cross-examination and confrontation, the Rape Shield Law, N.J.S.A. 2C:14-7, must yield. State v. Cuni , 159 N ... and others from violating the law as an aggravating factor, N.J.S.A. 2C:44-1a(9). As mitigating factors, the judge ...

docket:	A0944-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-31
status:	unpublished
citation:
Document Size:	116561

1271 /usr/local/share/www/libweb/collections/courts/appellate/a0135-17a0138-17a0308-17a0841-17.opn.html -- rank: 839

... J.A.D. The Code of Juvenile Justice (the Code), N.J.S.A. 2A:4A-20 to -48, grants the Family Part 'exclusive ... charged that a juvenile has committed an act of delinquency.' N.J.S.A. 2A:4A-24(a); see also N.J.S.A. 2A:4A- 23 (defining delinquency as 'the commission of an ... 136 N.J. 370, 377-78 (1994); compare e.g., N.J.S.A. 2A:4A-21(a) (stating one purpose of the Code ... protection, and wholesome mental and physical development of juveniles'), with N.J.S.A. 2A:4A-21(f) (stating another purpose is to 'insure ... arrested and charged with unlawful possession of a prescription drug, N.J.S.A. 2C:35-10.5(e)(2), a fourth-degree ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	51502

1272 Brennan v. Orban -- rank: 839

... re-wrote New Jersey's Prevention of Domestic Violence Act. N.J.S.A. 2C:25-17 to -33.         The New Jersey statute enumerates ... violence the maximum protection from abuse the law can provide. [ N.J.S.A. 2C:25-2].     At the same time, a dominant theme ... the enforcement of the Prevention of Domestic Violence Act. See N.J.S.A. 2C:25-28. Juries cannot be shuffled in and out ... violence the maximum protection from abuse the law can provide." N.J.S.A. 2C:25-18. Obviously, the court will consider in its ... well-being of women and children in our society. See N.J.S.A. 2C:25-17 to -33 (Prevention of Domestic Violence Act of 1991); N.J.S.A. 30:4C-15.1 (termination of parental rights). But ...

docket:	a-95-95
court:	njsupreme
decided:	1996-07-16
status:
citation:	145 N.J. 282
Document Size:	87325

1273 State v. Edwin Andujar -- rank: 839

... challenges and remove a juror without stating a reason under N.J.S.A. 2B:23-13(b). Both the Federal and State Constitutions ... history that would disqualify F.G. from jury service. See N.J.S.A. 2B:20-1. By unilaterally running a criminal history check ... individual jurors, without giving a reason, by exercising peremptory challenges. N.J.S.A. 2B:23-13(b). New Jersey today allows for the ... challenges and remove a juror without stating a reason under N.J.S.A. 2B:23- - 13(b). To provide relevant context, we start ... s administration of the jury selection process. See, e.g., N.J.S.A. 2B:20-3 to -9, -11, -13, -15 (noting the ... to questionnaires, selection, certification, summoning, excuses, and discharge of jurors); N.J.S.A. 2B:23-2, -3, -10, -14 (setting forth the ...

docket:	a-6-20
court:	NJ Supreme Court
decided:	2021-07-13
status:
citation:
Document Size:	109244

1274 Board of Education of the City of Sea Isle City, Cape May County v. William J. Kennedy -- rank: 839

... s conduct was permissible under the School Ethics Act (SEA), N.J.S.A. 18A:12-21 to -34. Specifically, the ALJ found that ... the educational rights of his child and was permitted by N.J.S.A. 18A:12-2, which prohibits board of education members from ... court specifically rejected Kennedy's argument that the adoption of N.J.S.A. 18A:12-2. HELD : Not all controversies and disputes that ... plain language of the provision relied on by the Commissioner. N.J.S.A. 18A:12-2 discusses qualifications for taking office and states ... necessarily equate to a required forfeiture of office, however, and N.J.S.A. 18A:12-2 is silent about removal from office. In ... In one decision, the Commissioner specifically rejected the argument that N.J.S.A. 18A:12-2 required automatic disqualification for any claim ...

docket:	a-37-07
court:
decided:	2008-07-21
status:
citation:	196 N.J. 23 951 A.2d 100
Document Size:	111905

1275 Borough of Merchantville v. Malik & Son, LLC -- rank: 839

... this appeal, the Court considers whether the Eminent Domain Act, N.J.S.A. 20:3-1 to -47, specifically N.J.S.A. 20:3-6, requires a condemning authority to engage in ... the title of record to the property being condemned . . . .” N.J.S.A. 20:3-6 (emphasis added). N.J.S.A. 20:3-2(c) defines condemnee as “the owner ... Transportation v. Carroll , 123 N.J. 308, 323 (1991) (citing N.J.S.A. 20:3-6). In addition, this Court has determined that ... “holding the title of record to the property” under N.J.S.A. 20:3-6. N.J.S.A. 20:3- ...

docket:	A-66-12
court:	NJ Supreme Court
decided:	2014-08-07
status:
citation:
Document Size:	89819